Canadian Representative, certification body, test laboratory: who does what
The test laboratory measures the product against the applicable RSS standards and writes the report. The certification body reviews the report and application, issues the ISED certificate, and lists the product. The Canadian Representative is the party in Canada that the foreign applicant names on its application to receive ISED enquiries and provide audit samples for as long as the product is sold in Canada. They are three different functions, and the representative's is the only one that lasts.
The three roles
| Test laboratory | Certification body (CB / FCB) | Canadian Representative | |
|---|---|---|---|
| What it does | Tests the product and produces the test report | Reviews the application and report, issues the certificate, lists the product in the REL | Canadian contact for ISED enquiries and audit samples |
| Governing text | RSS standards; lab accreditation (ISO/IEC 17025) | RSP-100; CB recognition by ISED (ISO/IEC 17065) | RSP-100 section 4.1 |
| Who needs one | Every applicant | Every applicant | Applicants with a company address outside Canada |
| Duration | The test project | The certification decision and audit program | As long as the product is offered in Canada |
| Must be in Canada? | No | No, if recognized under a mutual recognition arrangement | Yes |
Why the roles are separated
ISED's system, like the FCC's, separates measurement from certification so that the body issuing the certificate is independent of the body producing the data. The representative role is separate for a different reason: ISED wants a party within its jurisdiction that it can contact about the product and that will produce samples, without having to reach a company in another country. The representative exists for ISED's convenience and the applicant's compliance, not to add a step to certification.
Can the lab be the representative?
A Canadian lab can, if it accepts the section 4.1 duties. Whether it should depends on questions the applicant should ask: Will the lab exist, under the same ownership, in eight years? If the lab is acquired, does the appointment transfer and does anyone tell you? What confidentiality protects your product information once the testing project is closed? Labs are good at testing; holding a decade-long regulatory appointment for a closed project is not their business, and several have exited the service. A foreign lab cannot be the representative at all.
Can the CB be the representative?
A Canadian CB could in principle, but the CB certifies the product and administers ISED's audit program for it. A body that both certifies a product and serves as the applicant's representative for audit samples on that product is conflicted, and ISED's recognition requirements for CBs emphasize impartiality. Most CBs decline for that reason.
Can a consultant be the representative?
Yes, and many are. The same durability questions apply, with the added point that a sole-practitioner consultancy's appointment ends when the consultant does. Ask what succession arrangement exists.
Why we think a law firm fits
A law firm does none of the other two jobs, so there is no conflict and labs and CBs refer to us freely. It is regulated, which brings confidentiality and continuity obligations the other candidates do not carry. And its business is precisely the standing representation of clients before authorities. More in why a lawyer as your Canadian Representative.
How the three work together in practice
The lab finishes testing and the CB begins review. The CB asks the applicant for the representative's details and letter. The applicant orders the letter from us, we issue it the same business day, the applicant forwards it to the CB, and the CB completes the certificate. The lab's job is done; the CB's continues in the audit program; ours continues for the life of the product. If ISED or the CB later has a question, it comes to us and we bring in the applicant and, where needed, the lab.
Sources. RSP-100, Issue 12, sections 4.1, 11 and 12. ISED's Certification and Engineering Bureau pages on recognized certification bodies and testing laboratories.